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Civil · Reportable judgment

Filomena Saldanha Through Power of Attorney Mr. Frazier Saldanha vs Sunil Kohli Represented by His Power of Attorney, Mr. Naval Bowry, & Ors.

Court
Supreme Court of India
Date
29 April 2025
Case No.
Civil Appeal No(s). 5674-5675 of 2025
Result
Allowed
Bench
Pamidighantam Sri Narasimha, Joymalya Bagchi
Citation
[2025] 4 S.C.R. 1943 : 2022 INSC 595
Acts & Sections
Goa Panchayat Raj Act, 1994 Limitation Act, 1963
Supreme Court Reports [2025] 4 S.C.R. 1943 : 2022 INSC 595
Issue for consideration
Matter pertains to the correctness of the orders passed by the High Court allowing the Application for Speaking to Minutes and dismissing the review petition.
Headnote

Code of Civil Procedure, 1908 – Application for Speaking to the Minutes – Scope of – Dispute pertaining to access of pathway – Settlement between the parties and respondent ready to leave access of pathway and accordingly, order passed by the High Court – Subsequently, respondent filed an ‘Application for Speaking to the Minutes’ seeking clarification that access had to be maintained all along the western boundary wall – High Court allowed the application – Thereagainst, the appellant filed review application, which was dismissed – Correctness: Held: High Court treated the application for modifying an order as if it were exercising review jurisdiction, which is impermissible as such applications may only enable courts to correct clerical or typographical errors – Interests of justice would be subserved if the appellant is given an opportunity to contest the Application for Speaking to the Minutes – At the same time, respondent also to have the opportunity to seek the modification and rectification that he has sought in his application – Impugned orders set aside – Application for Speaking to the Minutes restored to its original number – Said application to be taken up and disposed of on its own merits after giving an opportunity to both the parties – Goa Panchayat Raj Act, 1994 – ss.66(2), 66(7), 201-B. [Paras 10, 11]

Keywords: Application for Speaking to the Minutes · Review application · Deputy Director of Panchayats · Director of Panchayats · Village Panchayat · Construction license · Dispute pertaining to access of pathway · Review application · Exercising review jurisdiction · Clerical or typographical errors · Interests of justice

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain 2018 INSC 1215 : [2018] 14 SCR 870.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Pamidighantam Sri Narasimha, J. 1. Delay condoned. Leave granted. 2. These appeals are directed against the order dated 28.02.2023 passed by the High Court of Judicature at Bombay at Goa in an Application for Speaking to Minutes in Misc. Civil Application No. 176/2022 in Writ Petition No. 157 of 2019; and order dated 18.01.2024 of the High Court in Review Application (Civil) No. 10/2023 dismissing the review petition. 3. Brief facts necessary for the disposal of these appeals are as follows. The respondent filed an appeal under Section 66(2) of the Goa Panchayat Raj Act, 19941 bef
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